Full Breakdown
Legal Loopholes Allow Convicted Child Abuser to Referee Youth Sports in NSW
2/2/2026, 1:28:12 AM
Overview of the Situation
Timothy McDougall, a man convicted of child sexual abuse, has been officiating as a referee for Touch Football NSW for over a decade, including at junior levels. His continued employment has raised concerns among child safety advocates, who cite a legal loophole in the working with children check scheme that allows individuals with such convictions to engage in roles involving children.
Background on the Convictions
McDougall was placed on the New South Wales child sexual abuse offender register in 2014 after pleading guilty to two counts of sexual intercourse with a 14-year-old girl in 2012. He received a three-year good behaviour bond, and additional charges were discharged. He has also faced multiple apprehended domestic violence orders, with the most recent expiring in 2027. Despite these issues, he has been able to referee youth competitions, including under-12 girls' teams.
Legal Framework and Loopholes
According to the Office of the Children’s Guardian in NSW, a working with children check is not required for referees if their role does not involve extended contact with children without other adults present. However, those on the child protection register must report contact with children under certain conditions. Michael Salter, director of the child safety institute Childlight at the University of NSW, emphasized the need to close this loophole, questioning the safety of allowing individuals with serious convictions to officiate children's sports.
Responses from Touch Football NSW
Touch Football NSW was alerted to McDougall's convictions by a concerned member of the public in early 2025. Dean Russell, the general manager, acknowledged the loopholes in the legislation but stated that the organization was operating within legal limits. He indicated that while referees are mentioned in the legislation, they are not required to have a working with children check for junior competitions.
Duncan Tweed, the chief executive of Touch Football NSW, confirmed that the organization had reached out to the Office of the Children’s Guardian for clarification on the matter. He noted that the safety of participants is a priority and that the organization may impose restrictions beyond legislative requirements.
Criticism of Current Practices
Child safety advocates have expressed concerns regarding the adequacy of current regulations. Salter criticized the lack of a requirement for referees to hold a working with children check, stating that it is a minimal expectation for anyone involved in child-focused activities. He highlighted the broader issues of regulation and enforcement of child safety legislation in NSW, particularly in light of recent high-profile cases in the childcare sector.
Conflicting Reports and Gaps
It remains unclear whether McDougall disclosed his criminal convictions to Touch Football Australia, which mandates that all members report any relevant charges or convictions. Additionally, McDougall's application to the supreme court for a working with children check was denied, but details regarding the decision-making process remain undisclosed.
Verbatim Quotes
- “There is a proactive responsibility at an institutional level to ensure that you’re creating a safe environment for children, and there’s also a question of parental and community trust,” — Michael Salter, Director, Childlight
- “Unfortunately, the legislation surrounding the Working with Children Check (WWCC) for referees has loopholes,” — Dean Russell, General Manager, Touch Football NSW
- “I’m just trying to understand how you can have any child-focused activity like an umpiring role where you don’t need a working with children check – it makes no sense,” — Michael Salter, Director, Childlight
This situation underscores the urgent need for a review and potential reform of child protection laws in New South Wales to prevent convicted offenders from engaging in roles that involve children.
